Criminal Law Attorney, Monroe NC

We frequently assist clients with effective defenses in DWI cases. The offense of driving while impaired, or driving while intoxicated (DWI), is taken extremely seriously in North Carolina. Even with a first offense, you can face substantial penalties upon conviction. Under North Carolina law, a person commits the offense of impaired driving if they drive any vehicle on a highway or public place within North Carolina while under any of the following conditions:

• While under the influence of an impairing substance
• After having consumed sufficient alcohol that has resulted in a blood alcohol concentration of 0.08% or more
• With any amount of a Schedule I controlled substance (or its metabolites) in their blood or urine

Without the help of a DWI defense lawyer, you could face serious penalties upon conviction of a DWI. The North Carolina Department of Public Safety explains that there are five separate levels of driving while intoxicated in the state, and each is a misdemeanor offense.

Those penalty levels include the following:

• Level V: This is the least serious level of a misdemeanor DWI, and it is punishable with a fine of up to $200, a minimum jail sentence of 24 hours, and a maximum jail sentence of 60 days. It is within the judge’s discretion for a Level V offense to suspend the sentence based on the specific facts of the case, provided that the defendant spends 24 hours in jail, perform 24 hours of community service, or agrees not to operate a motor vehicle for at least 30 days.
• Level IV: This level of DWI is the second-least serious and is punishable with a fine of up to $500, a minimum jail sentence of 48 hours, and a maximum jail sentence of 120 days. Like a Level V offense, a judge can suspend the sentence provided that other actions are completed by the defendant.
• Level III: This level of DWI is punishable with a fine of up to $1,000, a minimum jail sentence of 72 hours, and a maximum jail sentence of six months. Like Level V and IV offenses, it is within the judge’s discretion to suspend the sentence provided that other conditions are met.
• Level II: This level of DWI is the second-most serious and is punishable with a fine of up to $2,000, a minimum jail sentence of seven days, and a maximum jail sentence of one year. Once a person is charged with a Level II DWI, it is not within the judge’s discretion to suspend the minimum sentence.
• Level I: This is the most serious DWI level and is punishable by a fine of up to $4,000, a minimum jail sentence of 30 days, and a maximum jail sentence of two years. It is not within the judge’s discretion to suspend the minimum sentence.

Both Level II and Level I offenders are repeat offenders. Once a person has three prior DWIs and is charged again, the offense becomes a felony DWI with a minimum jail term of at least one year.

If you are convicted of a DWI, you must undergo a substance abuse assessment in addition to completing either an education program or a treatment program, as the North Carolina Department of Health and Human Services (NCDHHS) clarifies.